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Law MTP 2
Law MTP 2
Law MTP 2
1. (a) A, B, C and D are the four partners in a firm. They jointly promised to pay ` 6,00,000 to F. B and
C have become insolvent. B was unable to pay any amount and C could pay only ` 50,000. A is
compelled to pay the whole amount to F. Decide the extent to which A can recover the amount
from D with reference to the provisions of the Indian Contract Act, 1872. (4 Marks)
(b) Mr. R is an Indian citizen, and his stay in India during the immediately preceding financial year is
for 130 days. He appoints Mr. S, a foreign citizen, as his nominee, who has stayed in India for 125
days during the immediately preceding financial year. Is Mr. R eligible to be incorporated as a One -
Person Company (OPC)? If yes, can he give the name of Mr. S in the Memorandum of Association
as his nominee? Justify your answers with relevant provisions of the Companies Act, 2013.
(4 Marks)
(c) "Risk Prima Facie passes with property." Elaborate in the context of the Sale of Goods Act, 1930.
(4 Marks)
2. (a) Explain any five circumstances under which contracts need not be performed with the consent of
both the parties. (7 Marks)
(b) Limited Liability Partnership (LLP) gives the benefits of limited liability of a company on one hand
and the flexibility of a partnership on the other. Discuss. (5 Marks)
3. (a) Define partnership and name the essential elements for the existence of a partnership as per the
Indian Partnership Act, 1932. Explain any two such elements in detail. (6 Marks)
(b) Examine the validity of the following contracts as per the Indian Contract Act, 1872 giving reasons.
(i) X aged 16 years borrowed a loan of ` 50,000 for his personal purposes. Few months later he
had become major and could not pay back the amount borrowed, on due date. The lender
wants to file a suit against X.
(ii) J contracts to take in cargo for K at a foreign port. J's government afterwards declares war
against the country in which the port is situated and therefore the contract could not be
fulfilled. K wants to file a suit against J. (6 Marks)
4. (a) Discuss the rights of an unpaid seller against the buyer under the Sales of Goods Act, 1930.
(6 Marks)
(b) Mr. M is one of the four partners in M/s XY Enterprises. He owes a sum of ` 6 crore to his friend
Mr. Z which he is unable to pay on due time. So, he wants to sell his share in the firm to Mr. Z for
settling the amount.
In the light of the provisions of the Indian Partnership Act, 1932, discuss each of the following:
(i) Can Mr. M validly transfer his interest in the firm by way of sale?
(ii) What would be the rights of the transferee (Mr. Z) in case Mr. M wants to retire from the firm
after a period of 6 months from the date of transfer? (6 Marks)
5. (a) Sonal went to a Jewellery shop and asked the salesgirl to show her diamond bangles with Ruby
stones. The Jeweller told her that we have a lot of designs of diamond bangles but with red stones
if she chooses for herself any special design of diamond bangle with red stones, th ey will replace
red stones with Ruby stones. But for the Ruby stones they will charge some extra cost. Sonal
selected a beautiful set of designer bangles and paid for them. She also paid the extra cost of Ruby
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